Complaint #200201680,
March 13, 2002

Officer: Cherry, Patrick
Complainant: Black Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Cherry, Patrick
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Cherry, Patrick
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk and/or search
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cherry, Patrick Black Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Cherry, Patrick Black Male, 29 Discourtesy: Word Unsubstantiated
Unknown Officer Discourtesy: Word Officer(s) Unidentified
Cherry, Patrick Black Male, 29 Abuse of Authority: Frisk and/or search Unsubstantiated

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

[redacted] stated that on 3/13/02 he went with his brother-in-law [redacted] to assist him in buying a vehicle at a car dealership, Popular Ford, on Avenue V and Coney Island Avenue in Brooklyn. [redacted] drove the newly purchased 1991 Ford Explorer back from the dealership, turning right onto East New York Avenue from Saratoga Avenue. [redacted] stated that he was going to his sister's home at [redacted] was going there as she had prepared food for him because it was his birthday. At approximately 6:50 p.m., [redacted] stopped the vehicle and said goodbye to [redacted] who then got into the driver's seat and drove off. When asked why he was dropped off so far from his sister's home (5 blocks) when it was raining and he did not have an umbrella, [redacted] explained that because of the direction of the one-way streets and the route [redacted] needed to drive, he would just walk the rest of the way instead of further delaying [redacted]. [redacted] stated that he walked across the street to use a payphone to tell his sister he was on his way to the apartment. [redacted] noted that a male was using the payphone and indicated he was going to be on it for some time. [redacted] stated he walked down East New York Avenue and turned left onto Saratoga Avenue, and crossed St. John's Place. After crossing St. John's Place, a patrol car pulled up next to him; there were three officers in the patrol car.
[redacted] stated that PO Patrick Cherry (identified by [redacted] through photo array-see enclosure 6) asked to see his identification. The other two officers told [redacted] they were stopping him because they observed him come out of an alleyway. [redacted] denied that he came out of any alleyway; [redacted] denied he was in an adjacent empty lot as well. [redacted] stated he put his hands in the air as the officers got out of the patrol car and told him to put his arms down. [redacted] told the officers, "No, whatever it is you guys can search me. Do whatever." [redacted] stated in his interview that he felt he had... Read report for details.


Details

Incident: March 13, 2002
Closed: December 24, 2002

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 73rd Precinct Brooklyn
Outcome: Summons - other violation/crime

Witness Officers: Peter Elste, Wayne Oliveira